South Korea Expands Espionage Law to Target Foreign Intelligence Threats

The Criminal Act in South Korea was revised to include espionage activities that benefit any foreign state or entity, taking effect on Sunday after parliamentary approval on Feb. 26. Earlier versions only addressed intelligence work for North Korea and allowed the death penalty, leaving a loophole for other foreign spying. Officials cite the rise of hybrid warfare as justification, noting incidents such as a 2024 drone surveillance case at the National Intelligence Service headquarters that could not be prosecuted under the old law.

The amendment obliges authorities to punish the collection or transmission of national-security information to overseas agents. However, critics warn that frequent political reshuffles—such as the NIS handing counter-intelligence duties to police and the dissolution of the Defense Counterintelligence Command under the Lee Jae Myung administration—have weakened intelligence capacity. They argue that stable, depoliticized agencies are essential for the law to be effective in a more sophisticated threat environment.